Disability Awareness
Americans with Disabilities Act
Methods of Providing Program Accessibility
TITLE II:
Title II is the section
that affects state governments and covers four basic areas of the ADA;
General non-discrimination, equally effective communications, program
accessibility, and employment. Title
II prohibits all state and local governmental agencies from discriminating
against persons with disabilities and from excluding participation in or
denying benefits of programs, services or activities to persons with
disabilities. This section
requires all programs, services, and activities to be accessible to and
useable by persons with disabilities.
“All” has been defined as the agency’s system as a whole.
For example, the California Department of Corrections is not
required to ensure all it’s institutions are accessible, but they are
required to have certain institutions meet the requirements of the ADA and
ensure inmates/parolees with disabilities are not housed in inaccessible
institutions.
The Board of Prison Terms falls under Title II. The United States Supreme Court case of State of Penn. vs. Yeskey. decided that prisons are programs as defined in the ADA. Note, the ADA does not require a state or local government to provide additional services for individuals with disabilities if it does not provide those services for individuals who do not have a disability. For example, a city does not have to provide snow removal for persons with disabilities if it does not provide this service for persons without disabilities.